Armed Forces Act 1986

Application to 1957 Act of Amendments of 1955 Acts made by Criminal Justice Act 1982 E+W+S+N.I.

12 (1) Schedule 4A to the 1957 Act (powers of court on trial of civilian) shall have effect with the following amendments (being amendments which correspond to those made in Schedule 5A to each of the 1955 Acts by paragraphs 9, 10 and 11 of Schedule 8 to the Criminal Justice Act 1982 and by paragraph 11 above). E+W+S+N.I.

(2) In paragraph 13, for sub-paragraphs (1) and (2) there shall be substituted the following sub-paragraphs—

“(1) Where—

(a) a civilian under 17 years of age is found guilty of any offence; and

(b) the court is of the opinion that the case would best be met (whether or not in conjunction with any other punishment) by the exercise of any power of the court to impose a fine in respect of the offence or to make a compensation order in respect of the offence or any other offence taken into consideration in determining sentence,

it shall be the duty of the court to order that the fine or compensation awarded be paid by any parent or guardian of his who is a service parent or guardian, instead of by the person himself, unless the court is satisfied—

(i) that the parent or guardian cannot be found; or

(ii) that it would be unreasonable to make an order for payment, have regard to the circumstances of the case.

(2) An order under this paragraph may be made against the parent or guardian if—

(a) he has been required to attend in the manner prescribed by General Orders under section 58 of this Act, and

(b) he has failed to do so,

but, save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.”

(3 )F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In paragraph 15(3)—

(a) in the second column of the Table, in paragraph 2, for the word “Imprisonment” there shall be substituted the words “ Custody for life ”; and

(b) in paragraph (i) of the Note following the Table for the word “imprisonment” there shall be substituted the words “ custody for life ”.

(5) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Sch. 1 para. 12(3)(5) repealed(01.01.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(2), Sch. 3; S.I. 1991/2719, art. 2Schedule